WAC 137-28-410   Restitution.  (1) If restitution has been imposed as a sanction, a hearing officer shall determine the amount of restitution owed. A determination of the amount of restitution owed shall be made at the infraction hearing. However, the hearing officer may continue the hearing in order to secure additional evidence. If continued, the inmate shall be present at the continued/reconvened hearing.

     (2) The amount of restitution normally shall be the replacement value of the item, the cost of repair, or the cost of any unnecessary expense caused by the inmate's misconduct.

     (3) The inmate shall be given an opportunity to appeal the amount of restitution within the time limits of this policy. If under appeal, the amount of restitution will be held in the inmate's account but funds will not be withdrawn from the inmate's account until the superintendent has decided the appeal.

     (4) Funds may be:

     (a) Withdrawn from the inmate's account to make restitution provided the inmate's account shall not be reduced to less than ten dollars; or

     (b) Twenty percent of all funds being placed into the inmate's account may be taken until the restitution is paid in full.



[95-15-044, § 137-28-410, filed 7/13/95, effective 8/15/95.]


NOTES:

     Reviser's note:  Under RCW RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.